AC 102; (July, 1968) (Digest)
G.R. No. A.C. No. 102 July 15, 1968
PHILIPPINE ASSOCIATION OF FREE LABOR UNIONS (PAFLU), complainant, vs. HON. EMILIANO C. TABIGNE, Associate Judge of the Court of Industrial Relations, respondent.
FACTS
The Philippine Association of Free Labor Unions (PAFLU) filed a verified administrative complaint on May 31, 1966, against Associate Judge Emiliano C. Tabigne of the Court of Industrial Relations for alleged serious misconduct and inefficiency. The case was given due course, and the respondent judge filed his answer on August 15, 1966. The Supreme Court referred the case to Court of Appeals Justice Angel H. Mojica for investigation, report, and recommendation. After a careful investigation where both parties presented evidence, Justice Mojica submitted his report.
ISSUE
Whether or not the administrative charges of serious misconduct and inefficiency against respondent Judge Emiliano C. Tabigne are substantiated by the evidence.
RULING
The Supreme Court, after considering the evidence and the investigator’s report, found that the charges against the respondent judge were not substantiated. The report concluded that: (1) the charges related to Case No. 118-INJ (Luzon Tinsmith Co. vs. PAFLU, et al.) were not proven by clear and satisfactory evidence; (2) in Case No. 125-INJ (Goya Products Co. vs. PAFLU), the respondent acted within his sound judicial discretion in issuing a writ of preliminary injunction ex-parte; (3) the allegations regarding delay in Case No. 1177-MC (Certification Election at Shell Refinery) were unfounded; (4) there was no evidence that the respondent employed means to retaliate against the complainant in other specified cases; (5) the respondent’s orders and dissents in other cases were in accordance with law and evidence; (6) the allegations in the supplemental complaint regarding delays in resolving motions were satisfactorily explained, with motions being resolved within a short period (4 days, 12 days, and 2 days, respectively). The investigator recommended exoneration. The Supreme Court approved this recommendation and exonerated respondent Judge Emiliano C. Tabigne from all charges.